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SUBBA REDDY SATTI
Kanda Swamy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Subba Reddy Satti, J. - The petitioners, A-1, A-13, A-14, A-15, A-16, A-18, A-21 and A-22, in Crime No. 85 of 2022 of Pithapuram Rural Police Station, East Godavari District, filed this Criminal Petition under Section 438 of Criminal Procedure Code, seeking pre-arrest bail.
2. The above crime is registered for the offences punishable under Sections 307, 323, 427 r/w 34 IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, 'SC and ST Act').
3. The case of the prosecution, in brief, is that on 30.04.2022 at about 01.00 A.M., about 150 persons belonging to Kapu community of Mallam Village, entered into Ambedkar Colony and quarreled with one Randa Satyanarayana and beat him with hands indiscriminately. On hearing, the complainant rushed to the spot and intervened and questioned about the issue, A-1 attacked him and beat with hands indiscriminately and abused him with caste. One of the members in mob pulled his testicles forcibly and the complainant sustained bleeding injuries. Complainant was taken to the Government General Hospital, Kakinada. Mob also attacked some houses and caused mischief d
In the absence of specific allegation about commission of offence touching the caste, prima facie, petition filed under Sec 438 Cr.P.C. is maintainable.
The ingredients of the offence under S. 3(1)(r) of the S.Cs. & S.Ts. (PoA) Act are (1) intentionally insults or intimidates with interest to humiliate a member of a Scheduled Caste or a Scheduled Tri....
The bar under Section 18 of the SC & ST (POA) Act does not apply to cases where the alleged abuse in the name of caste takes place within a private place and is not in public view.
The court's decision emphasized the importance of prima facie evidence and the admissibility of witness statements in considering applications for anticipatory bail.
Anticipatory bail was denied based on prima facie evidence of offences under the SC/ST Act amid allegations of caste-based abuse.
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